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Disciplinary GuidelinesChapter 64B4-5
5.001 K-T
Yousy Jimenez
Disciplinary Guidelines
This section will explain the appropriate penalties for
each specific inappropriate action the therapist
performed.
5.001 K
Minimum disciplinary action
Maximum disciplinary action
First time committing offense
• $1,000 fine• 1year suspension
from practice and probation after
• Denial of license • Or $1,000 fine and revocation
Second time committing offense
• $1,000 fine• 2yr suspension from
practice and probation after
• Denial of license• Or $1,000 fine and
permanent revocation
Act PerformedWhen a therapist commits sexual battery or performs any form of
sexual misconduct on their client
5.001 L• The therapist
makes false or misleading representations in their practice
• The therapist does a trick or scheme in their practice
5.001 L
Fines dealing with
Offenses
Minimum Disciplinary Action
Maximum Disciplinary Action
1st Offense
$250 fine • $1,000 fine and reprimand
2nd Offense
$500 fine • $1,000 fine and probation
3rd Offense
$1,000 fine • $1,000 fine and 1yr suspension followed by probation
5.001 LMinimum Disciplinary Action Maximum Disciplinary Action
(Any of these actions can be taken under each cell)
1st Offense $10,000 fine • $10,000 fine &/or reprimand
• Probation• Suspension and then
probation• Permanent revocation of
license
2nd Offense 10,000 fine • $10,000 fine &/or probation
• Suspension then probation• Permanent revocation of
license 3rd Offense $10,000 fine • $10,000 fine &/or 1yr
suspension and then probation
• Permanent revocation of license
Fines for cases dealing with Fraud
5.001 M
• Obtaining clients (personally or
through an agent) using lies(fraud), intimidation, or any other form that is uncalled
for
Fines for
Offenses
Minimum Maximum
1st Offense $500 fine and reprimand
• $1000 fine and/or 6 month suspension followed by probation
• Permanent revocation
2ND Offense $1000 and reprimand
• $1000 fine and/or 1yr suspension followed by probation
• Permanent revocation
3rd Offense $1000 fine and 1yr suspension followed by probation
• $1000 fine and/or permanent revocation
5.001 M
Fines for Fraud
MINIMUM MAXIMUM
1ST Offense • $10,000 fine and reprimand
• $10,000 fine and/or 6 month suspension then probation
• Permanent revocation
2nd Offense • $10,000 fine and reprimand
• $10,000 fine and/or 1yr suspension then probation
• Permanent revocation
3rd Offense • $10,000 fine and 1yr suspension followed by probation
• $10,000 fine and/or permanent revocation
5.001 M
5.001 NWhen the client pays or prepares certain documents/tests/reports etc. and then they request it through a written request, but the counselor does not provide it to them
Minimum Maximum
1st Offense $500 fine and reprimand
$1,000 fine and probation
2nd Offense $1000 fine and probation
$1,000 fine and 1yr suspension followed by probation
5.001 O• When the counselor fails to
respond within 30 days to a written communication from the Department or the Board concerning an investigation by either institution
Or• When the counselor fails to
provide any necessary records that are related to the investigation about their conduct or background
Minimum Maximum
1st Offense 1,000 fine and reprimand
$1,000 fine and probation
2nd Offense $1,000 fine and probation
$1,000 fine & 1yr suspension followed by probation
3rd Offense $1,000 fine & 1yr suspension followed by probation
Denial of license or $1,000 fine and permanent revocation
5.001 P• When the counselor is
unable to practice their profession with reasonable skills due to any of these:– Mental/physical condition– Illness– Drunkenness– Drugs/narcotics/chemical
Minimum Maximum
1st Offense $1,000 fine and probation
$1,000 fine and suspension until the counselor appears before the board and demonstrates the they are able to practice with reasonable skill. Followed by probation
2nd Offense suspension until the counselor appears before the board and demonstrates the they are able to practice with reasonable skill. Followed by probation
$1,000 fine and permanent revocation
5.001 QMinimum Maximum
1st Offense $250 fine and reprimand
• $1,000 fine and/or probation
• 1yr suspension then probation
• Permanent revocation
2nd Offense $1,000 fine and 1yr probation
• $5,000 fine and 2yrs suspension followed by probation
• Permanent revocation
3rd Offense $1,000 fine and 1yr suspension followed by probation
• Denial of license or $5,000 fine and/or permanent revocation
Violating provisions of Chapter 491 or 456, F.S., or any rule adopted in accordance to it.
5.001 R
When the counselor performs any treatment or prescribes any therapy which would be seen by the mental health community as experimentation on human subjects without getting written consent first.
Minimum Maximum1st Offense $500 fine
and reprimand
$1,000 fine and probation
2nd Offense $1,000 fine and probation
$1,000 fine and 1yr suspension followed by probation
3rd Offense $1,000 fine and 1yr suspension followed by probation
Denial of license or $1,000 fine and permanent revocation
5.002 SMinimum Maximum
1st Offense $250 fine and reprimand
• $5,000 fine and/or probation
• 1yr suspension then probation
• Permanent revocation
2nd Offense $1,000 fine and probation
• $1,000 fine and/or 1yr suspension followed by probation
• Permanent revocation
3rd Offense $1,000 fine and 1yr suspension followed by probation
• Denial of license• $1,000 fine and
permanent revocation
When the counselor does not meet the minimum standards of performance in their professional performance compared to general peer performance. This includes initiating in activities in which the counselor is not qualified to do due to insufficient training and experience.
5.001 TWhen the counselor shifts his professional responsibilities to someone he/she knows that is not qualified by experience or training to do the responsibility
Minimum Maximum
1st Offense $1,000 fine and reprimand
$1,000 fine and probation
2nd Offense $1,000 fine and probation
$1,000 fine and permanent revocation
3rd Offense $1,000 fine and 1yr suspension followed by probation
$1,000 fine and permanent revocation